888 F.

2d 1386
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
In re Johnny Frank GODFREY, Petitioner.
No. 88-8049.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 29, 1989.
Decided Oct. 20, 1989.

Johnny Frank Godfrey, petitioner pro se.

Before WIDENER and MURNAGHAN, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
PER CURIAM:

Johnny Frank Godfrey, a federal prisoner incarcerated at the Federal

Correctional Institution in Bastrop, Texas, brought this petition for writ of
mandamus or prohibition challenging the validity of his conviction and
subsequent incarceration for interstate transportation of a stolen vehicle, escape,
and related offenses. He sought an order from this Court directing the United
States Attorney or the United States District Court for the District of South
Carolina to release him from his allegedly unlawful incarceration.

Mandamus relief is not appropriate where there are other means available by
which the petitioner could secure the desired relief. In re Beard, 811 F.2d 818,
826 (4th Cir.1987). As Godfrey may seek the relief he requested under 28
U.S.C. Sec. 2255, the petition for writ of mandamus or prohibition is denied.
The motion to proceed in forma pauperis is granted. We dispense with oral
argument because the dispositive issues recently have been decided
authoritatively.

PETITION DENIED.